QUESTION
What can I do to get pay for a general contractor that don't want to pay us for 3 weeks of work and materials that we bought and installed?
Asked on Sep 18th, 2012 on Labor and Employment - Pennsylvania
More details to this question:
I worked for 3 weeks in a hotel renovation with 3 friends. A general Contractor hired us to make the carpet floor during 5 or 6 weeks.
We didn't received any payment during the first 2 weeks, and they put us to sleep in a 2 bedrooms apartment with 8 more people. They said "we'll pay you next week and move u to another apartment". One week later they said the same thing. We told them that we can't work anymore because they haven't paid us and we were sleeping in very bad conditions, so they said that they will pay us for our 3 weeks of work and some materials that we bought in the next few weeks (about $10,000 all together).
It have been more than 2 months and after many calls they said yesterday that they will not pay us for anything because we leave the job without finishing it. There is anything legal that we can do to get pay?
1 ANSWER
Litigation Attorney serving Media, PA
at
Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C.
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The answer to your problem can be very complex, because there are many different issues that are interconnected here.
First, there is the question as to whether you are properly classified as independent contractors or employees under Pennsylvania's new Construction Worker Misclassification Act. If you are employees, then you could potentially have an unpaid wage, minimum wage and/or unpaid overtime claims. If you are independent contractors, then you would have to assert a claim for breach of contract.
Also, if you were indeed independent subcontractors, you may also be able to assert and file a mechanic's lien against the hotel property for the amount of labor and material costs you are allegedly owed and have not been paid by the general contractor.
I would need more detailed information and facts about your situation in order to determine what options would be available to you. If you would like to discuss this matter in more detail, please feel free to contact me directly.
Michael J. Davey, Esquire
Eckell, Sparks, Levy, Auerbach, Monte,
Sloane, Matthews & Auslander, P.C.
344 West Front Street
Media, PA 19063
(610) 565-3700 x 271
mdavey@eckellsparks.com
You can contact me on Skype @: mjdavey957
www.paemploymentlaw.blogspot.com
www.eckellsparks.com
Answered on Sep 19th, 2012 at 9:09 AM